Page:United States Statutes at Large Volume 107 Part 1.djvu/145

 PUBLIC LAW 103-42—JUNE 10, 1993 107 STAT. 119 "(7) using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology, and entering into any agreement or engaging in any other conduct to restrict or require participation by any person who is a party to such venture, in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture.". (d) RULE OF REASON STANDARD. —Section 3 of the National Cooperative Research Act of 1984 (15 U.S.C. 4302) is amended— (1) by striking "research and development" the first place it appears; (2) by striking ''and development" the last place it appears and inserting ", development, product, process, and service"; and (3) by adding at the end the following: "For the purpose of determining a properly defined, relevant market, worldwide capacity shall be considered to the extent that it may be appropriate in the circumstances.". (e) TECHNICAL AND CONFORMING AMENDMENTS. — The National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.) is amended— (1) in section 4— 15 USC 4303. (A) in subsections (a)(D, (b)(D, (c)(l), and (e) by striking "research and development" each place it appears; (B) in subsections (a), (b), and (c) by inserting "of this section" after "subsection (d)" each place it appecurs; and (C) in subsection (e) by striking "the effective date of this Act" and inserting "October 11, 1984,"; and (2) in section 5(a) in the matter preceding paragraph (1) 15 USC 4304. by striking "research and development". (,{) DisCLOSURE.^5ection 6 of the National Cooperative Research Act of 1984 (15 U.S.C. 4305) is amended— (1) in the heading by striking "RESEARCH AND DEVELOP- MENT"; (2) in subsection (a)— (A) by striking "the date of the enactment of this Act" and inserting "October 11, 1984"; (B) in paragraph (1) by striking "and" at the end; (C) in paragraph (2) by striking the period at the end and inserting ", and"; and (D) by inserting the following after paragraph (2): "(3) if a purpose of such venture is the production of a product, process, or service, as referred to in section 2(a)(6)(D), the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party."; and (3) in subsections (a), (d)(2), and (e) by striking "research and development" each place it appears. (g) LIMITATION.— The National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.) is amended by adding at the end the following:
 * i8) except as provided in paragraphs (2), (3), and (6),

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